Background Check Firm in Miami-Dade County
During the hiring process, there are several ways for an employer to gather information about an applicant’s background. For instance, employers often contact references identified by the applicant to seek additional information. Those references generally include prior employers and the prospective employer often attempt to obtain information regarding dates of employment, rate(s) of pay, and whether the former employer would re-hire the applicant.
In addition, employers sometimes hire a third-party to conduct a background search on the applicant. The background checks often include checking the applicant’s driving and criminal record. In order to run the background check, the employer must obtain written consent from the applicant. The Fair Credit Reporting Act is a federal law that regulates the background search process, including credit reporting agencies. The law has specified requirements which must be followed.
Additionally, companies that run background searches on prospective employees must be careful not to violate laws that prohibit discrimination, such as Title VII of the Civil Rights Act of 1964. The Equal Employment Opportunity Commission (“EEOC”) has promulgated detailed guidelines for employers who run background checks. Employers must exercise extreme caution to ensure that the information learned during a background search does not have a disparate impact on a class of individuals.
To help navigate this minefield, contact an experienced attorney at BT Law Group who can explain the applicable laws and provide advice on how to use information learned during a lawful background search.